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West Palm Beach and Florida State Laws Regarding Asset Forfeiture

The American criminal justice system mandates that a person suspected of
committing a criminal act is innocent until proven guilty in a court of
law. While that’s true when it comes to determining your fate, it’s
not necessarily the case when it comes to your property. Local, state
or federal officials can seize any asset they claim was used during the
commission of a crime. That means you could lose your phone, computer,
car or house even before you’re out on bail – and long before
a verdict.

Many asset forfeitures stem from a simple traffic stop, a practice known
as “highway interdiction:”

Scenario 1: A driver was stopped because police claimed he was swerving within his
lane. The police officer justified the stop by saying he suspected the
driver was under the influence of alcohol. The driver was asked to perform
various field sobriety tests and passed. While escorting the driver back
to his car, the officer claimed he smelled marijuana emanating from the
vehicle. Even though a search was permitted and police found no marijuana,
the car was seized because police suspected that the vehicle was used to
transport drugs and that the driver “acted nervously” after he was told of
the marijuana odor.

Scenario 2: A police officer noticed that a vehicle had a cracked windshield. The
driver was pulled over and questioned. The police officer noticed a large
pouch on the passenger seat and asked the driver to identify its contents.
The driver said it was cash from his business’ weekly intake, which
he intended to deposit at his local bank. Believing he had nothing to
hide, he granted the police officer’s request to search his car.
The officer went straight for the pouch and began counting the money.
He surmised that cash in that amount must have been earned through illegal
activity, namely
drug trafficking. Even though no drugs were found during the search, the police officer
seized the cash.

Will these two drivers ever see their money or property again? Without
the help of a West Palm beach criminal lawyer who specializes in asset
forfeiture defense, it’s not likely, due to ambiguity of state laws
and immense hurdles – both criminal and civil – they face
after the seizure.

Other States' Laws on Asset Forfeiture

Some states have enacted laws on the seizure of assets due to an influx
of accusations of corruption against local and state police officers.
In Montana, forfeitures are not permitted without a criminal conviction.
In New Mexico, civil forfeiture has been abolished, meaning that state
and local officials cannot seize assets of defendants who are found innocent
in a criminal court.

Florida doesn’t have such laws, making it much easier for corrupt
officials to seize assets for “official use” and spend the
money or proceeds from liquefied assets on “law enforcement purposes.”
This practice is known as “equitable sharing,” a federal program
in which local, state and federal agencies split seized cash and proceeds
from liquefied assets. In other words, your personal property could be
auctioned or sold off by police, who are free to use the proceeds as they
wish without oversight or fear of repercussions.

Florida Forfeiture Reform Bill Headed for a Vote in 2016

Under
CS/SB 1534 – a bill co-sponsored by
State Senator Bill Negron of Stuart – forfeiture of assets would only be allowed under the
Florida Contraband Forfeiture Act after a conviction. Temporary seizure
of assets still would be possible, but seized money and property would
be returned to a defendant found innocent of a crime. Additionally, the
bill would limit law enforcement’s use of forfeited funds to reimburse
themselves for expenses related to the forfeiture, including liens, storage
fees and court costs. The remaining funds would go to the state’s
Crimes Compensation Trust Fund. Proponents of the bill argue that the
new law – if enacted – would provide the transparency needed
to protect the rights of the innocent and deal a severe blow to corruption
by law enforcement.

A Loophole, Even If the Bill Is Passed

While CS/SB 1534 would protect Floridians from illegal asset forfeiture
by state and local officials, federal institutions are not bound by state
laws and could unilaterally act to seize assets. Unlike the other two
states that included provisions in their forfeiture laws prohibiting state
and local officials from cooperating with federal officials in illegal
seizures, Florida’s proposed bill doesn’t contain such language,
and many see this as an exploitable loophole that would weaken the law’s potency.

Origins of Asset Forfeiture

Forfeiture of assets became common practice after The Comprehensive Crime
Control Act of 1984 – a revision of the U.S. criminal code –
was signed into law by President Reagan. Originally drafted with the intent
to freeze assets related to organized crime or terror, the forfeiture
provision has gone unregulated, leading to more than $500 billion in seized
money and assets. In recent years, wrongful forfeiture has become the
target of national organizations like the
ACLU, which claims that corrupt law enforcement officials and agencies use
asset forfeiture for nefarious purposes, endangering the civil liberties
of innocent people in the process.

Criminal vs. Civil Asset Forfeiture

There is a fine line between
criminal and civil forfeiture. Sometimes the two become intertwined, and some police departments count
on peoples’ inability to distinguish between the two. A West Palm
Beach criminal defense attorney who specializes in criminal forfeiture
cases not only can help you understand the difference, but help you navigate
through the complicated legal proceedings required to reclaim your seized assets.

Perlet, Shiner, Melchiorre & Walsh, P.A., headquartered in West Palm
Beach, has five former prosecutors ready to help you protect your rights
and fight for what’s yours. Call our West Palm Beach criminal defense
lawyers today to
schedule a free consultation. We can help you throughout Florida, including West Palm Beach, Fort Lauderdale,
Stuart, Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Jupiter and
Wellington.

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